9911796707
TMI Blog2021 (5) TMI 48X X X X Extracts X X X X X X X X Extracts X X X X ..... irst Appellate Court had affirmed the judgment of conviction passed by learned Judicial Magistrate, 1st Class, Nahan, District Sirmaur, HP in Cr. Comp. No.113/3 of 2005, dated 31.3.2011, under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the N.I. Act), the petitioner has come up in this Court for invoking the revisional jurisdiction under Section 397 read with Section 401 of the Code of Criminal Procedure. 2. Learned counsel for the parties, state that the matter stands compromised between the parties. Learned counsel for the parties also acknowledge the payment and receipt of Demand Draft No.243434 dated 27.4.2021 amounting to Rs. 50,000/- and Demand Draft No.243436 dated 27.4.2021 amounting to Rs. 1,30, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt, with an increased fine. [13]. After an interval of 14 years, we are not inclined to interfere with the order of the High Court impugned in the appeal, except to the extent of increasing the amount of compensation payable by a further sum of Rs. 2 lakhs. The said amount of Rs. 2 lakhs in addition to the sum of Rs. 6 lakhs already directed to be paid by the Respondent to the Appellant, shall be deposited in the Trial Court within two weeks from date and upon such deposit being made, the Appellant will be at liberty to withdraw the same by way of compensation, together with the amounts already deposited, if not already withdrawn. In default of such deposit, the Appellant shall undergo one month's simple imprisonment. 5. Given the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rdingly, the petitioner is acquitted of the offence under Section 138 of the Act. 10. The amount of cheque in question was Rs. Thirty thousand. As such, the accused is to pay compensation at the rate of 15%, which comes out to be Rs. 4,500/-. The petitioner shall deposit aforesaid amount in the account of the concerned HP Legal Aid Authority, on or before 30 June 2021, failing which this entire order, including compounding, shall automatically stand recalled, and this petition shall be posted for hearing on merits. However, in extraordinary circumstances, the petitioner may approach this Court for an extension of time to deposit the compounding fee. Petitioner to file the receipt in the Registry. 11. Based on the compromise, the petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X
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